TN 15 (08-99)
GN 02250.360 Effect of Waiver
1. Waiver of Recovery From an Individual
Waiver of recovery from the person extinguishes the right to recover the debt from any other individual unless there is a jointly liable person from whom recovery has not been waived.
Once a person is relieved of primary and/or joint liability, no contingent liability for that overpayment can exist.
2. Waiver of Recovery From an Estate
Waiver of recovery from an estate is the same as waiver of recovery from the overpaid person and, thus, extinguishes the right to recover the debt from any subsequent benefits payable (unless there is a jointly liable person).
When the deceased was without fault and recovery would have been barred during his/her lifetime as against equity and good conscience, recovery from the estate may be waived. Waiver of recovery from an estate may be approved only on the basis of against equity and good conscience even though waiver would have been proper on the basis of defeat the purpose of title II during the deceased person's lifetime. The estate cannot need income for ordinary and necessary living expenses.
If an estate has been closed, the distributee takes the place of the deceased overpaid person to the extent of proceeds of the estate (or property attributable to such proceeds) in his possession. Waiver of recovery from the distributee depends on whether or not the distributee (rather than the deceased) is without fault in causing the overpayment and on whether or not recovery from the distributee (rather than the deceased) would defeat the purpose of title II or would be against equity and good conscience.
3. Waiver of Recovery From Other Than the Overpaid Person
Waiver of recovery of an overpayment from a contingently liable person relieves that person from repayment of the overpayment. It does not affect the right to recover the overpayment from any other person liable for the overpayment.